Epicurus is one of the first social contract theorists, holding that justice is an agreement neither to harm nor be harmed. He also says that living justly is necessary and sufficient for living pleasantly, which is the Epicurean goal. Some say that there are two accounts of justice in Epicurus -- one as a personal virtue, the other as a virtue of institutions. I argue that the personal virtue derives from compliance with just social institutions, and so we need to (...) attribute only one account of justice to Epicurus. I show how this interpretation makes sense of claims about justice by Epicurus and his followers, including Hermarchus, Lucretius, and Diogenes of Oinoanda. (shrink)

ABSTRACTMedicines that are vital for the saving and preserving of life in conditions of public health emergency or endemic serious disease are known as essential medicines. In many developing world settings such medicines may be unavailable, or unaffordably expensive for the majority of those in need of them. Furthermore, for many serious diseases these essential medicines are protected by patents that permit the patent‐holder to operate a monopoly on their manufacture and supply, and to price these medicines well above marginal (...) cost. Recent international legal doctrine has placed great stress on the need to globalise intellectual property rights protections, and on the rights of intellectual property rights holders to have their property rights enforced. Although international intellectual property rights law does permit compulsory licensing of protected inventions in the interests of public health, the use of this right by sovereign states has proved highly controversial. In this paper I give an argument in support of states’ sovereign right to expropriate private intellectual property in conditions of public health emergency. This argument turns on a social contract argument for the legitimacy of states. The argument shows, further, that under some circumstances states are not merely permitted compulsory to license inventions, but are actually obliged to do so, on pain of failure of their legitimacy as sovereign states. The argument draws freely on a loose interpretation of Thomas Hobbes's arguments in his Leviathan, and on an analogy between his state of War and the situation of public health disasters. (shrink)

This article is extracted from a forthcoming book, Natural Justice. It is a nontechnical introduction to the part of game theory immediately relevant to social contract theory. The latter part of the article reviews how concepts such as trust, responsibility, and authority can be seen as emergent phenomena in models that take formal account only of equilibria in indefinitely repeated games. Key Words: game theory  equilibrium  evolutionary stability  reciprocity  folk theorem  trust  altruism  responsibility (...)  authority. (shrink)

In the contemporary philosophical debate, there are two opposing contractualist views. On the one side, Hobbesian contractualisms take moral principles as side-constraints to redress the failures of the interaction among self-interested individuals. On the other, Kantian versions of the social contract ground morality on an impartial and moralized viewpoint. In his recent Contractualism and the Foundations of Morality, Nicholas Southwood proposes a third and novel form of contractualism, with the aim to overcome the “implausibly personal and partial characterization of the (...) moral point of view” of Hobbesian positions, as well as the “excessively substantive conception of practical reason” of Kantian theories .On Southwood’s view, perfectly rational individuals—who see themselves as “simultaneously co-legislator and co-subject among individuals with whom one shares an authority as a fellow deliberative agent” —agree upon a “common code” to live by, which is “a relatively compreh .. (shrink)

Given the fact of moral disagreement, theories of state neutrality which rely on moral premises will have limited application, in that they will fail to motivate anyone who rejects the moral premises on which they are based. By contrast, contractarian theories can be consistent with moral scepticism, and can therefore avoid this limitation. In this paper, I construct a contractarian model which I claim is sceptically consistent and includes a principle of state neutrality as a necessary condition. The principle of (...) neutrality which I derive incorporates two conceptions of neutrality (consequential neutrality and justificatory neutrality) which have usually been thought of as distinct and incompatible. I argue that contractarianism gives us a unified account of these concep- tions. Ultimately, the conclusion that neutrality can be derived without violating the constraint established by moral scepticism turns out to rely on an assumption of equal precontractual bargaining power. I do not attempt to defend this assumption here. If the assumption cannot be defended in a sceptically consistent fashion, then the argument for neutrality given here is claimed to be morally minimal, rather than fully consistent with moral scepticism. (shrink)

Contractualism/Contractarianism collects, for the first time, both major classical sources and central contemporary discussions of these important approaches to philosophical ethics. Edited and introduced by Stephen Darwall, these readings are essential for anyone interested in normative ethics.

This paper critically reviews Ken Binmoreâs non- utilitarian and game theoretic solution to the Arrow problem. Binmoreâs solution belongs to the same family as Rawlsâ maximin criterion and requires the use of Nash bargaining theory, empathetic preferences, and results in evolutionary game theory. Harsanyi has earlier presented a solution that relies on utilitarianism, which requires some exogenous valuation criterion and is therefore incompatible with liberalism. Binmoreâs rigorous demonstration of the maximin principle for the first time presents a real alternative to (...) a utilitarian solution. (shrink)

Brian Skyrms has argued that the evolution of the social contract may be explained using the tools of evolutionary game theory. I show in the first half of this paper that the evolutionary game-theoretic models are often highly sensitive to the specific processes that they are intended to simulate. This sensitivity represents an important robustness failure that complicates Skyrms's project. But I go on to make the positive proposal that we may none the less obtain robust results by simulating the (...) population structures that existed among our evolutionary ancestors. It is by extending the evolutionary models in this way that we should pursue the project of explaining the evolution of the social contract. (shrink)

Human beings are peculiar. In laboratory experiments, they often cooperate in one-shot prisoners’ dilemmas, they frequently offer 1/2 and reject low offers in the ultimatum game, and they often bid 1/2 in the game of divide-the-cake All these behaviors are puzzling from the point of view of game theory. The first two are irrational, if utility is measured in a certain way.1 The last isn’t positively irrational, but it is no more rational than other possible actions, since there are infinitely (...) many other Nash equilibria besides the one in which both players bid 1/2. At the same time, these behaviors seem to indicate that people are sometimes inclined to be cooperative, fair, and just. In his stimulating new book, Brian Skyrms sets himself the task of showing why these inclinations evolved, or how they might have evolved, under the pressure of natural selection. The goal is not to justify our ethical intuitions, but to explain why we have them.2.. (shrink)

I argue that social-contract theory cannot succeed because reasonable people may always disagree, and that social-contract theory is irrelevant to the problem of the legitimacy of a form of government or of a system of moral rules. I note the weakness of the appeal to implicit agreement, the conflation of legitimacy with stability, the undesirability of “public justification” and the apparent blindness to the evolutionary critical-rationalist approach of Hayek and Popper. I employ that approach to sketch answers to the theoretical, (...) historical and practical questions about the legitimacy of government or of systems of moral rules. (shrink)

The twin ideas at the heart of the social contract tradition are that persons are naturally free and equal, and that genuine political obligations must in some way be based on the consent of those obligated. The Lockean tradition has held that consent must be in the form of explicit choice; Kantian contractualism has insisted on consent as rational endorsement. In this paper I seek to bring the Kantian and Lockean contract traditions together. Kantian rational justification and actual choice are (...) complementary devices through which our freedom and equality can be reconciled with moral and political authority. We should not think that there is simply one way by which relations of moral and political authority can be reconciled with our status as free and equal. I defend three distinct devices through which freedom and authority may be reconciled: justification to others, social choice and promise. All three are aspects of the ?consent tradition? broadly construed. (shrink)

The conception of social relationships as contractual lies at the core of our ideology. Indeed, that core is constituted by the intersection of this conception with the correlative conceptions of human activity as appropriate and of rationality as utility-maximizing. My concern is to clarify this thesis and to enhance its descriptive plausibility as a characterization of our ideology, but to undermine its normative plausibility as ideologically effective.

Contractarianism in some form has been at the center of recent debates in moral and political philosophy. Jean Hampton was one of the most gifted philosophers involved in these debates and provided both important criticisms of prominent contractarian theories plus powerful defenses and applications of the core ideas of contractarianism. In these essays, she brought her distinctive approach, animated by concern for the intrinsic worth of persons, to bear on topics such as guilt, punishment, self-respect, family relations, and the maintenance (...) and justification of the state. Edited by Daniel Farnham, this collection is an essential contribution to understanding the problems and prospectus of contractarianism in moral, legal and political philosophy. (shrink)

This major study of Hobbes's political philosophy draws on recent developments in game and decision theory to explore whether the thrust of the argument in Leviathan, that it is in the interests of the people to create a ruler with absolute power, can be shown to be cogent. Professor Hampton has written a book of vital importance to political philosophers, political and social scientists, and intellectual historians.

There is an idea, extremely common among social contract theorists, that the primary function of social institutions is to secure some form of cooperative benefit. If individuals simply seek to satisfy their own preferences in a narrowly instrumental fashion, they will find themselves embroiled in collective action problems – interactions with an outcome that is worse for everyone involved than some other possible outcome. Thus they have reason to accept some form of constraint over their conduct, in order to achieve (...) this superior, but out-of-equilibrium outcome. A social institution can be defined as a set of norms that codify these constraints.1 Simplifying somewhat, one can then say that social institutions exist in order to secure gains in Pareto-efficiency. (shrink)

Rawls developed a contractualist theory of social justice and Scanlon attempted to extend the Rawlsian framework to develop a theory of rightness, or morality more generally. I argue that there are some good reasons to adopt a contractualist theory of social justice, but that it is a mistake to adopt a contractualist theory of rightness. I begin by illustrating the major shared features of Scanlon and Rawls’ theories. I then show that the justification for these features in Rawls’ theory, the (...) centrality of cooperative fairness to social justice, cannot be used to defend their use in Scanlon’s. Finally, I argue that Scanlon has not provided an adequate alternative defense of these features, and show that they create problems when contractualists try to explain major features of our common-sense morality. (shrink)

Abstract: Rawls? arguments in defence of his claim to derive principles of morality and justice from his hypothetical? original position? are critically examined and found to be unconvincing. In particular, it is pointed out that a theory of justice cannot be at one and the same time (a) descriptive?explanatory and therefore tested against people's actual judgments in particular cases, and (b) prescriptive?justificatory and therefore providing rationally derived principles against which people's actual judgments are tested for correctness. Rawls? attempt to conflate (...) these two types of theory is necessarily doomed. (shrink)